Traffic Violation Archives - Richard Edinger

Buzzed Driving Is Reckless Driving In North Dakota

We have all seen the public service ads by various law enforcement agencies and the department of transportation where they talk about the dangers of buzzed driving. The ads equate buzzed driving with being under the influence of intoxicating liquor. The ads then cite numerous unfortunate traffic deaths involving people driving under the influence of alcohol. As someone who has been involved in the criminal justice system for 26 years and defended hundreds and hundreds of DUI cases, I can emphatically tell you these ads are misleading! A vast majority of traffic deaths involving alcohol had defendants who had extremely [...]

Does your vehicle scream, “Stop me, officer?!”

Don't toss your Fourth Amendment rights out the window. The Fourth Amendment of the United States Constitution protects Americans from "unreasonable seizures" from their government. This is a very important right that few countries have to protect their citizens from their government. Compare this to 1938 Nazi Germany, where law enforcement officers could stop any person on the street on a whim, and compel that person to produce his identification papers. In United States v. Brignoni-Ponce, 422 U.S. 873 (1975), the United States Supreme Court held that law enforcement officers cannot randomly stop a moving motor vehicle on a subjective [...]